Dear community, I struggle to find a new tenant for a lease take-over of my apartment in Geneva. People kind of slip out last minute or regie says their salary is too low. I think the price is too high for the current market situation, but regie & the owner are reluctant to revise the price. I also have kind of draconian contract conditions that allow me to leave only once a year in the end of July even though a normal termination term is 3 months everyweher in Geneva. Does anybody have any experience, heard of cases when people pushed regie to revise a price or to let one leave in 3 months?
Dear community, I struggle to find a new tenant for a lease take-over of my apartment in Geneva. People kind of slip out last minute or regie says their salary is too low. I think the price is too high for the current market situation, but regie & the owner are reluctant to revise the price. I also have kind of draconian contract conditions that allow me to leave only once a year in the end of July even though a normal termination term is 3 months everyweher in Geneva. Does anybody have any experience, heard of cases when people pushed regie to revise a price or to let one leave in 3 months?
Nadezhda BMar 8, 2017 @ 11:34
Without more detail about price of your flat, size, etc... it's hard to determine how much over the market value it is, but chances are if you've signed a lease in the last 3-5 years it will be. Also knowing if you're moving/transferring out of Geneva or just switching flats is useful as there could be different standards applied to your breaking the lease.
Most people have a one year, renewable lease that also only lets them legally terminate their lease on the anniversary with the exception of 1) finding a replacement tenant and 2) they are transferred by their employer out of Geneva (a.k.a. 'diplomatic clause' that allows 3 months notice with proof of transfer)
Otherwise, I don't know of anyone who has a unrestricted 3 month cancellation period at any time unless they are renting a furnished flat, which has a shorted notice period and is more flexible.
I would focus on why the regie feels some candidates don't earn enough - I would think anyone who makes a serious application could afford it. If they are denying the candidate for another reason but using the excuse of insufficient income, you might be able to determine that and get out of the lease for having presented a qualified candidate.
You could contest the rental price through ASLOCA, but it could take time and resources. If you could get out of your lease legally in July it might be quicker and easier (if you're staying in Geneva - you'll avoid possible blacklisting) to wait it out.
Without more detail about price of your flat, size, etc... it's hard to determine how much over the market value it is, but chances are if you've signed a lease in the last 3-5 years it will be. Also knowing if you're moving/transferring out of Geneva or just switching flats is useful as there could be different standards applied to your breaking the lease.
Most people have a one year, renewable lease that also only lets them legally terminate their lease on the anniversary with the exception of 1) finding a replacement tenant and 2) they are transferred by their employer out of Geneva (a.k.a. 'diplomatic clause' that allows 3 months notice with proof of transfer)
Otherwise, I don't know of anyone who has a unrestricted 3 month cancellation period at any time unless they are renting a furnished flat, which has a shorted notice period and is more flexible.
I would focus on why the regie feels some candidates don't earn enough - I would think anyone who makes a serious application could afford it. If they are denying the candidate for another reason but using the excuse of insufficient income, you might be able to determine that and get out of the lease for having presented a qualified candidate.
You could contest the rental price through ASLOCA, but it could take time and resources. If you could get out of your lease legally in July it might be quicker and easier (if you're staying in Geneva - you'll avoid possible blacklisting) to wait it out.
Matt Williams, Mar 8, 2017 @ 12:11
It seems that your rental contract is renewable each year for a period of one year with a specific term (for example 31th of July). This is very common in Geneva. If you wish to terminate your contract in due time, you need to comply with this term and also give a prior notice of 3 months (3 months before 31th of July).
If you want to leave the apartment before the term (early termination), you have to find a suitable tenant who is able to take over the contract under the same terms and conditions.
The candidate must have a similar financial situation as yours - he/she must show an ability to afford the rent according to the rules implemented by regies.
You must submit the application of these candidates. The regie has to reply within maximum 30 days. If the regie refuses the candidates without providing any good reason, you are supposed to be released from any obligations related to the rental contract.
It seems that your rental contract is renewable each year for a period of one year with a specific term (for example 31th of July). This is very common in Geneva. If you wish to terminate your contract in due time, you need to comply with this term and also give a prior notice of 3 months (3 months before 31th of July).
If you want to leave the apartment before the term (early termination), you have to find a suitable tenant who is able to take over the contract under the same terms and conditions.
The candidate must have a similar financial situation as yours - he/she must show an ability to afford the rent according to the rules implemented by regies.
You must submit the application of these candidates. The regie has to reply within maximum 30 days. If the regie refuses the candidates without providing any good reason, you are supposed to be released from any obligations related to the rental contract.
Alexandre P, Mar 8, 2017 @ 16:28
Go and seek legal assistance with ASLOCA
ASLOCA GENEVE Rue du Lac 12 (Eaux-Vives) 3e étage CP 6150 - 1211 Genève 6
Nous ne donnons pas de renseignements juridiques par téléphone ou courriels.
Tél. : 022 716 18 00 Fax : 022 716 18 05 E-Mail: [email protected]
Go and seek legal assistance with ASLOCA
ASLOCA GENEVE Rue du Lac 12 (Eaux-Vives) 3e étage CP 6150 - 1211 Genève 6
Nous ne donnons pas de renseignements juridiques par téléphone ou courriels.
Tél. : 022 716 18 00 Fax : 022 716 18 05 E-Mail: [email protected]
geojusto, Mar 9, 2017 @ 10:53
Without more detail about price of your flat, size, etc... it's hard to determine how much over the market value it is, but chances are if you've signed a lease in the last 3-5 years it will be. Also knowing if you're moving/transferring out of Geneva or just switching flats is useful as there could be different standards applied to your breaking the lease.
Most people have a one year, renewable lease that also only lets them legally terminate their lease on the anniversary with the exception of 1) finding a replacement tenant and 2) they are transferred by their employer out of Geneva (a.k.a. 'diplomatic clause' that allows 3 months notice with proof of transfer)
Otherwise, I don't know of anyone who has a unrestricted 3 month cancellation period at any time unless they are renting a furnished flat, which has a shorted notice period and is more flexible.
I would focus on why the regie feels some candidates don't earn enough - I would think anyone who makes a serious application could afford it. If they are denying the candidate for another reason but using the excuse of insufficient income, you might be able to determine that and get out of the lease for having presented a qualified candidate.
You could contest the rental price through ASLOCA, but it could take time and resources. If you could get out of your lease legally in July it might be quicker and easier (if you're staying in Geneva - you'll avoid possible blacklisting) to wait it out.
Mar 8, 17 12:11
The rent with the utility fees should not exceed 30% of your gross income (or your gross income should be 3 times of the rent with the utility fees) This is the rule they follow everywhere in Switzerland.
If she did not present candidates who meet this requirement, they have every right to refuse. If she did, that is another matter.
But considering the initial post; to me it seems that she may not have been familiar with this rule. Similar to the cancellation one...it is not something specifically invented by her regie. It is the standard in Switzerland.
The rent with the utility fees should not exceed 30% of your gross income (or your gross income should be 3 times of the rent with the utility fees) This is the rule they follow everywhere in Switzerland.
If she did not present candidates who meet this requirement, they have every right to refuse. If she did, that is another matter.
But considering the initial post; to me it seems that she may not have been familiar with this rule. Similar to the cancellation one...it is not something specifically invented by her regie. It is the standard in Switzerland.
Reka Y, Mar 9, 2017 @ 12:16
I'm perfectly aware of the 30% rule. And they actually refused candidate for whom it was 35% of the gross salary (including charges)...
Btw, do you know how that 30% would be calculated if the income is not taxable?
Local Swiss told me that the standard is 3 months for rental contracts and shorter fir furnished appartement (and mine is fursnished).
I'm perfectly aware of the 30% rule. And they actually refused candidate for whom it was 35% of the gross salary (including charges)...
Btw, do you know how that 30% would be calculated if the income is not taxable?
Local Swiss told me that the standard is 3 months for rental contracts and shorter fir furnished appartement (and mine is fursnished).
Nadezhda B, Mar 9, 2017 @ 12:45
The notice is not different for a furnished apartment. it would be only 2 weeks for the end of the month for a furnished room.
3 months is the standard notice but you usually also have to comply with a term, i.e. a specific date in the year. Check the date "fin du bail" in your contract.
Regarding the 30% rule and whether the revenue is taxable or not, you and the candidate should make the regie aware of the real situation.
Also, you can expect the regie to assist you in the search of a new tenant.
The notice is not different for a furnished apartment. it would be only 2 weeks for the end of the month for a furnished room.
3 months is the standard notice but you usually also have to comply with a term, i.e. a specific date in the year. Check the date "fin du bail" in your contract.
Regarding the 30% rule and whether the revenue is taxable or not, you and the candidate should make the regie aware of the real situation.
Also, you can expect the regie to assist you in the search of a new tenant.
Alexandre P, Mar 9, 2017 @ 14:50



